Ben Jesup ’82
The Listing Wars
“I spend almost all of my time counseling the Fish and Wildlife Service (FWS) on questions related to listing a species or removing it,” says Ben, who specializes in Section 4 of the Endangered Species Act (ESA). “This law provides for the conservation of species at risk of extinction, protecting biodiversity, which Congress in 1973 recognized as having ‘esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people.’” “Listing is what starts you down that path,” says Ben. “Some people argue there’s too much work in protecting the species already listed. Why not spend resources protecting listed species rather
than listing more? One answer is that for some species, listing can make all the difference. It’s important that the FWS has the resources and staff to identify the species most at risk so that the protections of the Act can be brought to bear.” Listing a species is an involved process. The first step is making the “candidate list” before consideration for either the “threatened” or “endangered” species list. And an ESA provision gives the public the ability to sue the government for noncompliance with the law. The result is what Ben refers to as “The Listing Wars” in a recent paper he wrote. (“Endless War or End This War? The History of Deadline Litigation under Section 4 of the Endangered Species Act and the Multi-District Litigation Settlements”) In the Listing Wars, environmental groups and other stakeholders routinely sue Fish and Wildlife for falling behind on listing action deadlines. When FWS focuses on lawsuits instead of listing activity, it falls further behind and builds a huge backlog. Throw in limited resources and budgetary issues, and the result is that courts make listing decisions with little regard for the conservation priority of the different species—not what the law intended.
© “Mike” Michael L. Baird fl ickr.bairdphotos.com
T
he blue whale swimming in the waters off the California coast, the Houston toad hopping around the woodlands of Texas, and the piping plover skittering around the dunes of Cape Cod. Three species share one distinction: They are officially endangered. You’ll find them among more than 1,000 animal and plant species on the Endangered Species List. The list is a storied point of contention among political, business, environmental, and scientific groups, and Ben Jesup ’82, an attorney with the Solicitor’s Office of the Department of the Interior, happily deals with it every day.
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